Marcus
Marcus v. Phelps Dodge Corp.
Opinion
Lead Opinion
MEMORANDUM *
Marcus failed to establish a genuine issue of fact as to whether his claimed obsessive compulsive disorder “substantially limits” or was so severe as to substantially impair “one or more major life activities.” 1 He also failed to establish a genuine issue of fact as to whether he was “regarded as having such an impairment.” 2 In McAlindin v. County of San Diego 3 we held that “[m]ere trouble getting along with coworkers” is not enough to establish a disability. That is the most that a jury could infer from Marcus’s disability evidence.
Marcus failed to establish a genuine issue of fact as to whether his discharge during the RIF was a pretext for religious discrimination. High officials at the company made anti-Semitic remarks. By analogy to Chuang v. University of California, 4 in some circumstances those would suffice to establish a genuine issue of fact regarding pretext. But in this case, those who made anti-Semitic remarks were gone from the company well before Marcus and had nothing to do with his discharge, and the supervisor who placed Marcus on the RIF list expressed his disapproval of the anti-Semitic remarks to his superiors who made them.